Citation Nr: 20003286 Decision Date: 01/14/20 Archive Date: 01/14/20 DOCKET NO. 13-23 674 DATE: January 14, 2020 REMANDED Entitlement to service connection for diabetes mellitus, type II, is remanded. REASONS FOR REMAND This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Phoenix, Arizona. It was previously before the Board in March 2018 when it was remanded at this Veteran’ request, to provide the Agency of Original Jurisdiction (AOJ) the opportunity to review an expert opinion the Board obtained pursuant to 38 C.F.R. § 20.901(d) (2018) in the first instance. The AOJ completed its review in August 2018 and returned the matter to the Board after the issuance of supplemental statement of the case. While it regrets the additional delay in the adjudication of the Veteran’s appeal, the Board finds additional development is necessary to ensure its decision is fully informed. The record reflects herbicide agents were tested at Fort Gordon, Georgia, in July 1967, approximately 10 months prior to the Veteran’s arrival at the installation for training in May 1968. The Veteran contends that herbicide agents were still present in the sub-surface of the soil and in the water at the time of his training at Fort Gordon due to their half-life. Complex medical/scientific determinations such a residual half-life of herbicides, and the effects of subsequent secondary exposure, requires education, training and experience far beyond the spectrum of knowledge of a lay person such as the Veteran. As such, in light of the evidence of record, the Board finds that additional development is necessary prior to adjudication of the claim. It is requested that the AOJ seek an opinion, report, or other appropriate evidence from an environmental toxicologist specializing in Agent Orange and related chemicals, or other appropriate specialist or source, to address the issue of whether the Veteran was exposed to herbicide agents during his service at Fort Gordon. The matter is REMANDED for the following action: Obtain an opinion, report, or other appropriate evidence from an environmental toxicologist specializing in Agent Orange and related chemicals, or other appropriate specialist or source, to address the question of whether it is at least as likely as not (50 percent probability or greater) that the Veteran was exposed to herbicide agents during his training at Fort Gordon, Georgia, from May 1968 through June 1968 due to the testing of herbicide agents at the installation in July 1967. The expert is specifically asked to discuss whether herbicide agents or their residuals were still present in the sub-surface of the soil and in the water due to their half-life at the time of the Veteran’s training at Fort Gordon. The expert must provide a comprehensive report including a complete rationale for his or her conclusion, based on his or her experience, expertise, and established medical/scientific principles. If the requested opinion cannot be made without resort to speculation, the expert must state whether the need to speculate is caused by a deficiency in the state of general medical/scientific knowledge (i.e. no one could respond given the current state of medical/scientific knowledge and the known facts) or by a deficiency in the record or the expert (i.e. additional facts are required, or the examiner does not have the needed knowledge or training). M. HYLAND Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. S. Kyle, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.